In this case the moving defendant is a Delaware corporation. The applicable statute governing the consequences of a merger is found in Section 261 of the Delaware Corporation Law, 8 Del.C. § 261, which reads as follows:

'Any action or proceeding pending by or against any of the corporations consolidated or merged may be prosecuted as if such consolidation or merger had not taken place, or the corporation resulting from or surviving such consolidation or merger may be substituted in its place.'

It will be observed that the pertinent statute provides that any 'proceeding' pending against any corporation consolidated or merged may be prosecuted as if such consolidation or merger had not taken place. It is well established that the term 'proceeding' includes criminal prosecutions and is not limited to civil actions, United States v. P. F. Collier & Son, Corp., 7 Cir., 208 F.2d 936, 40 A.L.R.2d 1389; United States v. Auerbach, D.C.S.D.Cal., 68 F.Supp. 776, 780-781; United States v. Cigarette Merchandisers Ass'n, D.C.S.D.N.Y., 136 F.Supp. 212, 214; United States v. Maryland State Licensed Bev. Ass'n, D.C.Md., 138 F.Supp. 685, 706-709. It will also be observed that the Federal Rules of Criminal Procedure use the term 'proceeding' as applicable to criminal prosecutions.
*fn2"

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.